About Alabama — Reforming Jefferson County’s Government

About Alabama — Reforming Jefferson County’s Government

The critical problems of Jefferson County’s government have received statewide attention for months. Its sewer system is deeply in debt, and the major tax that funds most other county services has been struck down as unconstitutional. Neither the five members of the County Commission nor the 18 representatives and seven senators in the county’s legislative delegation have agreed on solutions. Important matters have been taken to court.

This crisis has statewide implications. Jefferson County is the hub of the state’s biggest metropolitan area, which produces about a third of Alabama’s economic output. Yet its governmental structure is inherited from an earlier day and is no longer suitable. Alabama’s 1901 Constitution established no sound framework for local government, leaving matters to the Legislature, which has allowed each local legislative delegation to do much as it wants with its county.

Allowing every county to go its own way has produced good government in some areas but very poor government in others. This might have been acceptable in 1901, but today the state’s reputation will suffer if courts have to make financial decisions for its largest county because state and local elected officials fail to act. The Legislature is considering three different bills to reform Jefferson County’s government.

One would simply authorize the County Commission to employ a manager over all county functions not assigned by law to elected officials. The commission traditionally has delegated control over county departments to its own members individually, and they are divided over giving power to a manager and how he or she would be hired and fired.

A second bill would mandate hiring a county manager with a public vote to reaffirm this decision every 10 years.

A third bill calls for a chief executive, elected countywide, who, with an appointed manager, would run the county’s executive branch. A five-member county council would constitute the legislative branch. Powers would be divided between the branches similar to state government.

The 1901 constitution grants all legislative power to the state Legislature, and it is appropriate to create minimum standards of managerial competence, transparency and checks and balances when delegating some of it to counties. The “home rule” principle, which calls for local decisions to be made in the county courthouse, is enhanced by requiring sound decision-making procedures. Since Jefferson County has a larger population than three of the 50 states, using the understood model of state government as a framework makes sense. It is good that the debate on these matters has begun. All Alabamians will be affected by its outcome.

EDITOR’S NOTE — Jim Williams is executive director for the nonprofit, nonpartisan Public Affairs Research Council of Alabama.